HIV/AIDS activists and non-governmental organizations have condemned
Brazil's failure to break the patents on a number of antiretroviral
drugs if their manufacturers failed to provide them at discounted prices
or let generic versions be made in Brazil.

On March 15, the government set a deadline of April 4 for the companies
- Abbott Laboratories, Gilead and Merck & Co - to agree, after which it
said it would use compulsory licensing provisions (Marketletters
passim). Its failure to do so has been attacked in a statement signed by
108 NGOs including the aid agency Medecins Sans Frontieres, which says:
"the lack of action on the part of Brazilian authorities is
incomprehensible. On the international level, Brazil has publicly
defended using the flexibilities included in the World Trade
Organization's Trade Related Aspects of Intellectual Property Rights
Agreement. But when it comes time to transforming this bold posture into
acts that benefit the Brazilian population, the government resembles a
toothless tiger."

HIV/AIDS activists and Brazilian social groups are also campaigning
against this perceived inaction, and point out that the costs of the
drugs involved account for 80% of the country's HIV/AIDS treatment
budget. Noting that Brazil has shown "tremendous leadership" in the
fight against AIDS, John Riley of ACT UP New York said: "poor-country
governments and AIDS activists are now looking to Brazil to keep its
promise and take all necessary steps to override the patents on these
overpriced, desperately-needed second-generation AIDS drugs; all eyes
are watching Brazil."

Paul Zeitz, executive director of the Global AIDS Alliance, said Brazil
had "let itself be bullied by big drug companies long enough," while
Sean Barry of Health GAP noted that the success of the country's
ground-breaking treatment program had been made possible by local
production of generics, a policy which has brought down the price of raw
materials for ARVs internationally. Mr Barry urged the Health Ministry
to "stand up to pharmaceutical companies, not only for the Brazilian
people, but for people living with AIDS around the world."

The Health Ministry has responded that it is anxious that the
manufacturers should not stop supplying the national treatment program
until the country is able to produce generics.